In re: Miller ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2170
In Re: HENRY EARL MILLER,
Petitioner.
On Petition for Writ of Mandamus.
(6:04-cr-00022-HFF-3)
Submitted: March 16, 2010 Decided: March 17, 2010
Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Henry Earl Miller, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Henry Earl Miller petitions for a writ of mandamus,
seeking an order directing the district court to accept an
untimely appeal. He contends that his attorney failed to note a
timely appeal despite his request that an appeal be filed.
Mandamus is a drastic remedy to be used only in extraordinary
circumstances, when “the petitioner has no other adequate means
to obtain relief to which there is a clear and indisputable
right.” In re Blackwater Sec. Consulting, L.L.C., 460 F.3d 576,
592 (4th Cir. 2006) (internal quotations and citation omitted).
“Courts are extremely reluctant to grant a writ of mandamus.”
In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
The relief sought by Miller is not available by way of
mandamus. Accordingly, we deny the petition for writ of
mandamus and we deny Miller’s motions for an evidentiary hearing
and for leave to proceed on direct appeal or by 28 U.S.C.A.
§ 2255 (West Supp. 2009) motion. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.
PETITION DENIED
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